Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'') of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act (``CERCLA'') of

1980

Notice is hereby given that a proposed Consent Decree in United

States v. Larry A. Bell, et al., Civil Action No. 3-96-CV-80047, was

lodged on October 29, 1997, with the United States District Court for

the Southern District of Iowa, Davenport Division.

The complaint alleges that defendants Larry A. Bell (``Bell'') and

Bell Cedaridge Development, Inc. (``Bell Cedaridge'') are liable for

the United States' approximately $740,000 in response costs at the

Davenport Lead Superfund Site (``Site''), located at 5403 Ricker Hill

Road, Davenport, Iowa, pursuant to Section 107(a) of CERCLA, 42 U.S.C.

Sec. 9607(a). The complaint also includes an in rem action to recover

these costs, which are secured by a CERCLA lien against the Site,

pursuant to Section 107(l) of CERCLA, 42 U.S.C. Sec. 9607(l).

The Site, a partially-wooded lot owned by defendant Bell Cedaridge,

was used as a disposal site for ebonite and other battery components in

the early 1970s. As a result, on-Site soils were contaminated with lead

at levels of up to 27,300 mg/kg. The United States Environmental

Protection Agency (``EPA'') incurred its approximately $740,000 in

response costs in this case by conducting a removal action at the Site

in 1993.

The only valuable asset owned by Bell and Bell Cedaridge is the

Site itself, which is appraised at approximately $49,000. The Site is

subject to an approximate $25,000 mortgage and the CERCLA lien that

secures the United States' response costs. Under the proposed consent

decree, defendants Bell and Bell Cedaridge shall sell the Site and pay

to United States the proceeds from the sale, less costs of the sale and

amounts paid to secured lienholders with lien interests superior to the

United States' interest. In exchange, the United States will grant Bell

and Bell Cedaridge a Covenant Not to Sue for the claims set forth in

the complaint, and release the 107(l) lien attached to 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 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

United States v. Larry A. Bell, et al., DOJ Ref. #90-11-2-1008.

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

United States Attorney, District of Iowa, U.S. Courthouse Annex, 110 E.

Court Avenue, Des Moines, Iowa 50304, (515) 284-6257; the Region VII

Office of the Environmental Protection Agency, 726 Minnesota Avenue,

Kansas City, KS 66101, (913) 551-7010; 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 requiring a copy please refer to

the referenced case and enclose a check in the amount of $9.00 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-31199 Filed 11-26-97; 8:45 am]

BILLING CODE 4410-15-M