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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

Notice is hereby given that a proposed Consent Decree in United

States v. Consolidated Rail Corp., et al., Case No. S90-56M, was lodged

with the United States District Court for the Northern District of

Indiana, on August 12, 1997. The United States filed separate

Complaints, later consolidated, against the Consolidated Rail Corp. and

Penn Central Corp. to recover response costs incurred by the United

States in connection with releases or threatened releases of hazardous

substances at the Conrail Superfund site in Elkhart, Indiana, pursuant

to Section 107 of the Comprehensive Environmental Response,

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

for a declaratory judgment under Section 113(g)(2) of CERCLA, 42 U.S.C.

Sec. 9613(g)(2). Under the Consent Decree, the United States will

receive more than $7 million in reimbursement of the costs it has

expended in responding to

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releases or threatened releases of hazardous substances at the site,

and the defendants will implement the remedy at the site.

The Department of Justice will receive comments relating to the

proposed Partial Consent Decree for a period of 30 days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530. All comments should

refer to United States v. Consolidated Rail Corp., et al., D.J. Ref.

90-11-3-594. 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. Sec. 6973(d).

The proposed Partial Consent Decree may be examined at the offices

of the Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois, 60604, or at the Consent Decree Library, 1120 G

Street, N.W., 4th floor, Washington, D.C. 20005, 202-624-0892. A copy

of the proposed Partial Consent Decree may be obtained in person or by

mail from the Consent Decree Library. In requesting a copy (without

attachments), please enclose a check in the amount of $22.75 for the

Decree (25 cents per page reproduction costs) payable to the Consent

Decree Library. When requesting a copy, please refer to United States

v. Consolidated Rail Corp. et al., D.J. Ref. No. 90-11-3-594.

Bruce S. Gelber,

Deputy Section Chief, Environmental Enforcement Section, Environment

and Natural Resources Division.

[FR Doc. 97-22599 Filed 8-25-97; 8:45am]

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