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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR Sec. 50.7, and 42

U.S.C. Sec. 9622(d), notice is hereby given that on September 8, 1997,

the United States of America, on behalf of the United States

Environmental Protection Agency (``EPA'') lodged with the United States

District Court for the Western District of Washington a civil complaint

against defendants Seattle Disposal Company, John Bancero, Josie

Razore, and their respective marital communities (``the SDC

defendants''), Washington Waste Hauling and Recycling, Inc.

(``Washington Waste Hauling''), Monsanto Company, the Board of Regents

of the University of Washington, Lockheed Martin Corporation, the Port

of Seattle, Sears, Roebuck & Company, R.W. Rhine, Inc., the City of

Mercer Island, Washington, the Seattle School District, and Quemetco,

Inc., in the civil action styled United States v. Seattle Disposal

Company, et al., Civil Action No. C97-1462-Z. The complaint states

claims for relief against the defendants under Sections 106 and 107 of

the Comprehensive Environmental Response, Compensation and Liability

Act (``CERCLA''), 42 U.S.C. Secs. 9606 & 9607, for an order requiring

the implementation of the permanent environmental remedy selected by

EPA for the Site, and for the recovery of costs incurred in response to

releases of hazardous substances at the Tulalip Landfill Superfund Site

in Marysville, Washington (``the Site''). The complaint also states

claims for relief against the Tulalip Tribes under Section 309 of the

Clean Water Act (``the Act''), 33 U.S.C. 1319, for civil penalties and

injunctive relief for discharges of pollutants from the landfill in

violation of Section 301 of the Act, 33 U.S.C. Sec. 1311. The Tulalip

Tribes of Washington and the Tulalip Section 17 Corporation (together

``the Tulalip Tribes'') are listed as a defendants-in-intervention in

the complaint and intend to file a motion to intervene in this action

prior to the entry of the consent decrees.

On September 8 the United States also lodged three consent decrees

in this action resolving all of the claims for relief stated against

the defendants in the complaint. The first consent decree resolves the

United States' claims against defendant Washington Waste Hauling and

defendants-in-intervention the Tulalip Tribes. This consent decree

requires defendant Washington Waste Hauling to implement the remedy

selected by EPA for the Site and conduct operation and maintenance of

the remedy for up to five years. The consent decree also requires the

Tulalip Tribes to take over operation and maintenance of the remedy

after Washington Waste Hauling fulfills its operation and maintenance

obligations. The consent decree also requires the Tulalip Tribes to pay

$1,000,000 toward operation and maintenance costs at the Site.

To second consent decree resolves the United States' claims against

the SDC defendants. This consent decree requires the SDC defendants to

pay $9.5 million towards the cost of implementing EPA's selected remedy

for the Site and reimbursement of costs incurred by EPA in response to

releases of hazardous substances at the Site.

The third consent decree resolves the United States' claims against

the remaining defendants, and the potential counterclaims against the

United States Navy and the Bureau of Indian Affairs of the United

States Department of Interior (``BIA'') with respect to the Site. The

consent decree requires the remaining defendants and the settling

federal agencies to pay $4,645,457.00 toward the cost of implementing

EPA's selected remedy for the Site.

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 decrees. 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 versus Seattle Disposal Company, et al., DOJ Ref. #90-11-

3-1412.

The proposed consent decrees may be examined at the office of the

United States Attorney, 1010 Fifth Avenue, Seattle, WA 98104; the

Region 10 Office of the Environmental Protection Agency, 1200 Sixth

Avenue, Seattle, WA 98101; 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 decrees 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 copies please refer to the

referenced case, specify which decree or decrees you would like to

receive, and enclose a check payable to the Consent Decree Library (25

cents per page reproduction costs): the decree with Seattle Disposal

Company, Mr. Razore and Mr. Banchero, $10.50 without attachments, or

$71.25 with attachments; the decree with Washington Waste Hauling,

$41.50 without attachments, or $215.25 with attachments; the decree

with the remaining defendants (referred to as ``Generator

Defendants''), $17.75 without attachments, or $176.00 with attachments.

Joel Gross,

Chief, Environmental Enforcement Section Environment and Natural

Resources Division.

[FR Doc. 97-26422 Filed 10-3-97; 8:45 am]

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