# Notice of Consent Decree Pursuant to the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Clean Air Act > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-10110 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** April 16, 1998 - **Citation:** 63 FR 18935 ## Text DEPARTMENT OF JUSTICE Notice of Consent Decree Pursuant to the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Clean Air Act In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. Borden Chemicals and Plastics Operating Limited Partnership, et al., Civ. Action Nos. 94-440-A-2 and 94-2592-A-M2, was lodged in the United States District Court for the Middle District of Louisiana on April 9, 1998. The proposed Consent Decree resolves the United States' claims in Civil Action No. 94-2592-A-M2 for injunctive relief and civil penalties against defendants Borden Chemicals and Plastics Operating Limited Partnership and Borden Chemicals and Plastics Management, Inc. (hereafter referred to as ``Borden''), brought pursuant to the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9601 et seq., and the Clean Air Act (``CAA''), 42 U.S.C. 7401 et seq. The proposed Consent Decree also resolves Borden's Complaint in Civil Act No. 94-440-A-2 against the United States seeking declaratory judgment. The United States' claims arose from the release of hazardous wastes and constituents into soil and groundwater at Borden's Geismar, Louisiana facility and involved RCRA permitting requirements, as well as violations under the CAA for failing to limit urea emissions and failing to immediately report releases of hazardous substances under CERCLA. Under the terms of the Consent Decree, Borden will: (1) Pay a civil penalty in the sum of $3.6 million; (2) perform a facility wide corrective action under RCRA; (3) commence interim measures of investigation and remediation, if necessary, in the Norco Aquifer, the shallow groundwater zones, the ``S'' zone and eight other soil and groundwater areas of the facility; (4) apply for a RCRA permit for Borden's VCR Unit and any other RCRA-regulated Unit; (5) decommission the underground injection wells at the facility; and (6) set aside $400,000 to fund community based programs consisting of equipment donations to local emergency response units and funding for a technical center for the dissemination of information related to environmental decision making and citizen participation. The Department of Justice will receive, for a period of thirty (30) days from the date of this publication, written 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. Borden Chemicals and Plastics Operating Limited Partnership, et al., Civ. Action Nos. 94-440-A-2 and 94-2592-A- M2, DOJ # 90-11-2-875. The proposed Consent Decree may be examined at the Office of the United States Attorney, Middle District of Louisiana, Russell B. Long Federal Building, 777 Florida Street, Suite 208, Baton Rouge, Louisiana 70801; at the Region VI Office of the U.S. 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. Copies of the 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 $29.25 (25 cents per page reproduction costs) payable to the Consent Decree Library. Bruce S. Gelber, Deputy Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 98-10110 Filed 4-15-98; 8:45 am] BILLING CODE 4410-15-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-10110. Public record. Not legal advice.