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 v. Janet Schusheim, et al., Civil Action No. 97-0019, was lodged

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

Eastern District of New York. Defendant Janet Schusheim was the former

owner of the property comprising the SMS Instruments, Inc. Superfund

Site (``Site'') in Deer Park, New York at the time wastes containing

hazardous substances were disposed of at the Site. Defendant 120 Realty

Corp. is the current owner of the Site property.

Under the terms of the proposed decree, defendants will pay the

United States $290,000 for certain past response costs incurred by the

United States for remedial action work involving air and steam

stripping of contaminated soil and groundwater extraction, treatment,

and reinjection. The proposed decree includes a covenant not to sue by

the United States under Sections 106 and 107 of CERCLA, 42 U.S.C.

Secs. 9601 et seq.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposes 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. Janet Schusheim, et al. D.J. reference #90-11-2-1123A.

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

United States Attorney for the Eastern District of New York, 225 Cadman

Plaza East, Brooklyn; New York, the Region II, Office of the

Environmental Protection Agency, 290 Broadway, New York, New York; and

at the Consent Decree Library, 1120 G Street, N.W. 4th floor,

Washington, D.C. 2005, (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 enclose a check in the amount of $7.25 (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. 97-797 Filed 1-13-97; 8:45 am]

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