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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the

Comprehensive, Environmental Response, Compensation and Liability Act

(``CERCLA'')

Notice is hereby given that a proposed Consent Decree in United

States v. Blue Ridge Electric Membership Corp. et al., (Civil Action

No. 5:97-CV-138-V) was lodged on September 16, 1997 with the United

States District Court for the Western District of North Carolina.

Pursuant to Sections 107 and 113(g)(2) of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

(``CERCLA''), 42 U.S.C. Secs. 9607 and 9613(g)(2), the United States

sought the recovery of response costs incurred as a result of a removal

action conducted at the Oak Hill Superfund Site located near Lenoir,

Caldwell County, North Carolina. Pursuant to the terms of the Consent

Decree, Blue Ridge Electric Membership Corp. and Duke Energy

Corporation have agreed to pay the United States $1,881,638.34, plus

accrued interest, in reimbursement of the United States' past response

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

States for past response costs under Section 107 of CERCLA and Section

7003 of the Resource Conservation and Recovery Act (``RCRA''), 42

U.S.C. Sec. 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 U.S.

v. Blue Ridge Electric Membership Corp. et al., DOJ #90-11-3-1738.

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, Suite 1700 of the Carillon Building, 227 W.

Trade Street, Charlotte, NC 28202; the Region 4 office of the

Environmental Protection Agency, 61 Forsyth Street, S.W., Atlanta, GA

30303; and at the Consent Decree Library, 1120 G Street, N.W., 4th

Floor, Washington, D.C. 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, N.W., 4th Floor, Washington, D.C. 20005.

In requesting a copy please refer to the referenced case and enclose a

check for the reproduction costs. If you want a copy of the Consent

Decree (plus attachments), then the amount of the check should be $6.00

(24 pages at 25 cents per page). The check should be made payable to

the Consent Decree Library.

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-26421 Filed 10-3-97; 8:45 am]

BILLING CODE 4410-15-M