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

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that on March 21, 1997, the United States lodged a

proposed Consent Decree in State of Washington versus United States,

No. C94-5326 (W.D. Wash.), with the United States District Court for

the Western District of Washington. The Consent Decree resolves civil

claims filed by the United States against PACCAR, Inc. (``PACCAR'')

under Sections 106 and 107 of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980 (``CERCLA''), as amended, 42

U.S.C. Secs. 9606 & 9607, to compel PACCAR to undertake cleanup

activities at the Wyckoff/Eagle Harbor Superfund Site (``the Site''),

located at Bainbridge Island, Kitsap County, Washington, and to recover

from PACCAR costs incurred by the United States in response to releases

of hazardous substances at the Site. The Consent Decree also resolves

PACCAR's contribution claims against the United States under Sections

107 and 113 of CERCLA, 42 U.S.C. Sec. 9613, relating to the Site.

Extensive areas of the harbor's bedlands, as well as areas of the

harbor's uplands, are contaminated with a variety of hazardous

substances associated with the past operations of a shipyard and a wood

treating facility at the harbor. Under the Consent Decree, PACCAR will

implement the major components of EPA's selected remedy for the West

Harbor Operable Unit (``WHOU'') of the Site. The estimated value of

PACCAR's cleanup work is $4.8 million. The Decree also requires PACCAR

to pay $100,000 towards costs EPA expects to incur overseeing work

performed by PACCAR, and to pay 45% of any cost overruns, and 45% of

any unanticipated additional response actions required to achieve the

goals of the environmental cleanup of the WHOU.

The Consent Decree requires the United States, on behalf of the

United States Navy, Army, Coast Guard, Coast & Geodetic Survey and

Maritime Administration, to pay $4.8 million towards EPA's eventual

cleanup of the East Harbor Operable Unit of the Site (``EHOU''), and

$100,000 towards expected EPA WHOU oversight costs. The United States,

on behalf of these federal agencies, has also agreed to pay 40% of any

cost overruns, and 40% of any unanticipated additional response actions

required to achieve the goals of the environmental cleanup of the WHOU.

The Consent Decree resolves PACCAR's liability to the United States

under Sections 106 and 107 of CERCLA, and the United States' liability

to PACCAR under Sections 107 and 113 of CERCLA, for all costs either

party has incurred or may incur in response to releases of hazardous

substances at the Site. The Consent Decree does not address the United

States' pending claims against the State of Washington under Sections

106 and 107 of CERCLA relating to the Site, or the State's claims

against the United States for contribution under Sections 107 and 113

of CERCLA relating to the Site.

In order to allow the Department of Justice to evaluate public

comments in time to avoid delaying the clean up work required by the

Consent Decree, the Department must receive all comments by April 22,

1997. Accordingly, the Department of Justice will receive, until and

including that date, comments relating to the proposed Consent Decree.

Comments should be addressed to the Assistant Attorney General for the

Environment and Natural Resources Division, U.S. Department of Justice,

950 Pennsylvania Ave., N.W., Washington, D.C. 20530, and should refer

to State of Washington versus United States, DOJ Ref. #90-7-1-525b.

[[Page 15197]]

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

United States Attorney, 3600 Seafirst Fifth Avenue Plaza, 800 Fifth

Avenue, Seattle, Washington 98104; the Region 10 Office of the

Environmental Protection Agency, 1200 Sixth Avenue, Seattle,

Washington, 98105; 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 Settlement Agreement 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 the amount of $19.25 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, United States

Department of Justice.

[FR Doc. 97-8213 Filed 3-28-97; 8:45 am]

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