Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended, and the Resource Conservation and Recovery Act of 1976, as Amended

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Under the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, as Amended, and the

Resource Conservation and Recovery Act of 1976, as Amended

Under section 122 the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (``CERCLA''), as amended, and

28 CFR 50.7, notice is hereby given that on August 5, 1997, a proposed

consent decree in United States v. Caldwell County, et al., Civil

Action No. 5:97CV125-V, was lodged with the United States District

Court for the Western District of North Carolina.

In this action, the United States sought the reimbursement of costs

and the performance of work at the Caldwell Systems Site (``Site'') in

Caldwell County, North Carolina. The United States incurred these costs

for a variety of actions authorized by section 104 of CERCLA, which

included investigating the release and threatened release of hazardous

substances at the Site, as well as investigating the health risks faced

by people who formerly worked at the Site. The United States' costs for

these actions are approximately $5.26 million. Under the consent

decree, Caldwell County and 42 private companies agree to remove

contaminated soil, to monitor groundwater, and to remove constaminants

from groundwater if necessary. This work is valued at approximately

$6.2 million. The 42 private companies also agree to guarantee a

minimum recovery from a future de minimis settlement with other

potentially liable parties at the Site, if EPA decides to offer such a

settlement.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the consent

decree. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, DC. 20530, and should refer to United States v.

Caldwell County, et al., D.J. Ref. No. 90-11-2-615A.

The consent decree may be examined at the Office of the United

States Attorney, Suite 1700, Carillon Building, 227 West Trade Street,

Charlotte, North Carolina; at U.S. EPA Region 4, 61 Forsythe Street,

S.E., Atlanta, Georgia; and at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, DC, (202) 624-0892. To review the

consent decree at U.S. EPA Region 4, interested persons should make

arrangements by calling Charles Mikalian at (404) 562-9575. A copy of

the consent decree may be obtained in person or by mail from the

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, DC

20005. When requesting a copy, please enclose a check in the amount of

$124.75 (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. 97-21747 Filed 8-15-97; 8:45 am]

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