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'')

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, and

Section 122(d)(2) of CERCLA, 42 U.S.C. Sec. 9622(d)(2), notice is

hereby given that a proposed consent decree in United States v. Alpert

Iron & Metal Corp. et al., Civil Action No. CV-97-AR-0001-S was lodged

on January 2, 1997, with the United States District Court for the

Northern District of Alabama, Southern Division. This agreement

resolves a judicial enforcement action brought by the United States,

pursuant to Sections 106(a) and 107 of CERCLA, 42 U.S.C. Secs. 9606(a)

and 9607, against a group of potentially responsible parties

(``Settlors'') who by contract, agreement or otherwise arranged for

disposal or treatment, or arranged with a transporter for transport for

disposal or treatment, of hazardous substances at the Interstate Lead

Company Superfund Site (``Site'' or ``ILCO Site'') in Leeds, Jefferson

County, Alabama. The Consent Decree also provides a covenant not to sue

under Section 7003(d) of the Resource Conservation and Recovery Act

(``RCRA'') 42 U.S.C. Sec. 6973.

The Site is comprised of a former battery recycling and smelter

facility (``the ILCO facility''), and several Satellite Sites where

furnace slag was taken. Furnace slag is a byproduct of the Site

smelting operations. The Satellite Sites included the adjacent parking

lot, the City of Leeds landfill, and properties owned by a gas station,

a church, a resident, a restaurant, and a local business.

Under the consent decree, the Settlors have agreed to pay

$1,823,644 of the government's past response costs, and all future

response costs of the government in excess of $300,000. The Settlors

have also agreed to implement the Site remedy as set forth in Records

of Decision (``RODs'') dated September 30, 1991, October 13, 1994,

September 25, 1995, and August 27, 1996. The selected remedy provides

for the excavation of contaminated soils and sediment, treatment by

soil solidification/stabilization, and disposal in an appropriate,

permitted landfill. Contaminated groundwater at the ILCO facility and

the City of Leeds landfill will be pumped and treated. Groundwater

monitoring will be conducted at the other Satellite Sites, with annual

sediment and biota monitoring along a nearby creek and tributary

thereto.

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. Alpert Iron & Metal Corp. et al., DOJ Ref #90-11-2-

108D. 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, 200 Federal Building, 1800 Fifth Avenue North,

Birmingham, AL 35203; the Region 4 office of the Environmental

Protection Agency, 100 Alabama Street, S.W., Atlanta, Georgia, 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 without attachments, which attachments include the RODs,

Statement of Work, and list of Settlors, then the amount of the check

should be $29.25 (117 pages at 25 cents per page). If you want a copy

of the Consent Decree with the above stated

[[Page 1901]]

attachments, then the amount of the check should be $106.75 (427 pages

at 25 cents per page). The check should be made payable to the Consent

Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 97-796 Filed 1-13-97; 8:45 am]

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