Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d)(2), notice is hereby given that on August 12, 1997, a proposed

Consent Decree in United States v. Consolidation Coal Company, et. al.,

Civil Action No. C2-94-785, was lodged with the United States District

Court for the Southern District of Ohio, Eastern Division. The proposed

Consent Decree resolves the United States pending cost-recovery claims

under Section 107 of the Comprehensive Environmental Response,

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

as claims under CERCLA Section 106, 42 U.S.C. 9606, for implementation

of remedial action relating to the Buckeye Reclamation Landfill Site

(the ``Site''), located in Richland Township, Belmont County, Ohio.

The Site is a 658-acre property that was a disposal area for mine

refuse until the early 1950s. In 1973, approximately 50 acres of the

Site was licensed as a public sanitary landfill. The facility accepted

municipal waste from local municipalities and villages, but also

received industrial sludge and liquids. The estimated total volumes of

industrial waste received are 4.7 million gallons of liquid and 3,300

tons of industrial solid wastes. The Site was listed on the National

Priorities List on September 9, 1983.

The settling defendants (collectively, the ``Settlors'') are four

owner/operators (Belmont County, Consolidation Coal Company, Cravat

Coal Company, and Ohio Resources Corp.) and 10 generators (Allegheny

Ludlum Corporation, Aristech Chemical Corporation, Ashland, Inc.,

Beazer East, Inc., National Steel Corporation, The Pullman Company, SKF

USA, Inc., Triangle Wire & Cable, Inc., USX Corporation, and Wheeling-

Pittsburgh Steel Corporation). The Settlors agree in the proposed

Consent Decree to implement the clean up at the Site consistent with

the Record of Decision dated August 19, 1991, as modified by the

Explanation of Significant Differences dated July 17, 1997

(collectively, the ``ROD'') at an estimated cost of $26 million; and to

reimburse EPA all future oversight costs in excess of $300,000.

The Department of Justice will receive comments concerning the

proposed Consent Decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C., 20044, and should refer to United States v. Consolidation Coal

Company, et al., DOJ Number 90-11-2-1006. Commenters may request an

opportunity for a public meeting in the affected area, in accordance

with Section 7003(d) of the Resource Conservation and Recovery Act, 42

U.S.C. 6973(d).

The proposed Consent Decree may be examined at any of the following

offices: (1) The Office of the United States Attorney, Southern

District of Ohio, 280 N. High Street, 4th Floor, Columbus, OH (614)

469-5715; (2) the U.S. Environmental Protection Agency, Region 5, 77 W.

Jackson Blvd., Chicago, Illinois 60604, (312) 886-6842; (3) the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005,

(202) 624-0892. Copies of the proposed Decree may be obtained by mail

from the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005. For a copy of the Consent Decree (without

attachments), please enclose a check for $25.50 ($.25 per page

reproduction charge) payable to ``Consent Decree Library.''

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources.

[FR Doc. 97-22194 Filed 8-20-97; 8:45 am]

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