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 of America v. David Bowen Wallace, et al., Civil Action No. 3-

93CV0838-P (consolidated with No. C:93-CV-0841-G) among the United

States, the State of Texas, CTU of Delaware, Inc. (``CTU''), and the

United Technologies Corporation (``UTC'') was lodged on February 18,

1997, with the United States District Court for the Northern District

of Texas, Dallas Division.

On April 30, 1992, the United States and the State of Texas filed

Complaints under Section 107 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sec. 9607,

as amended (``CERCLA'') against more than seventy defendants, including

CTU and UTC, for reimbursement of response costs incurred and to be

incurred by the United States and the State of Texas for response

actions related to the release or threatened release of hazardous

substances at the Bio-Ecology Superfund Site (``Site'') in Grand

Prairie, Texas. The remediation of the Site was successfully completed

in April 1993.

Under the proposed Consent Decree, CTU and UTC have agreed to pay

the EPA Hazardous Substances Superfund $1,600,000 or 14% of the

$11,201,300 in response costs incurred at the Site. The Consent Decree

resolves the liability of CTU and UTC subject to the reservations of

rights set forth in the Consent Decree. As part of the Consent Decree,

CTU and UTC have agreed to dismiss any remaining counterclaims against

the United States, including those against EPA. When the payment by CTU

and UTC is combined with the payments already received from previous

settlement agreements, the United States will have recovered

$10,642,842 or 95% of the total response costs at 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 of America v. David Bowen Wallace et al., DOJ No. 90-11-

3-204A.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, United States Courthouse, 1100 Commerce Street,

Room 16G28, Dallas, Texas 75242; the Region VI Office of the

Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202;

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 in

[[Page 9452]]

the amount of $7.00 (25 cents per page), payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-5153 Filed 2-28-97; 8:45 am]

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