Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

Federal RegisterJun 1, 1998

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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 embodying a

settlement in United States v. Chevron USA, Inc., et al., Civil Action

No. F-98-5412 REC DLB, was lodged on April 21, 1998, with the United

States District Court for the Eastern District of California.

In the complaint filed concurrently with the lodging of the consent

decree, the United States sought injunctive relief for performance of

response actions, and reimbursement for response costs incurred by the

United States Environmental Protection Agency, in response to releases

of hazardous substances at the Purity Oil Sales Superfund Site, located

near Fresno, California pursuant to the Comprehensive Environmental

Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601

et seq. The settling defendants have agreed to contribute towards

performance of future response actions at the Purity Site; defendant

Chevron USA Inc. has agreed to perform that work. Future work includes

operation and maintenance of the groundwater extraction and treatment

system for the groundwater operable unit (estimated to cost $10

million) and construction, operation, and maintenance of the components

of the soils operable unit (estimated to cost between $10 and 12

million). The soils operable unit includes treatment of soils at a

depth of 14 to 40 feet with a soil vapor extraction system,

construction of a cap and retaining wall at the site, emplacement of a

25-foot deep soil/bentonite slurry wall around the site, and enclosure

of an on-site canal in a reinforced concrete pipe.

The consent decree includes a covenant not to sue under Sections

106 and 107 of CERCLA, 42 U.S.C. 9606, 9607, and under Section 7003 of

the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.

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,

U.S. Department of Justice, Washington, DC 20530, and should refer to

United States v. Chevron USA, Inc., et al., DOJ Ref. #90-11-2-355.

Commenters may request a public hearing in the affected area, pursuant

to Section 7003(d) of RCRA, 42 U.S.C. 6973(d).

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

United States Attorney, Eastern District of California, Room 3654

Federal Building, 1130 ``O'' Street, Fresno, California 93721; the

Region IX Office of the Environmental Protection Agency, 75 Hawthorne

Street, San Francisco, California 94105; and at the Consent Decree

Library, 1120 ``G'' Street, NW., 4th Floor, Washington, DC 20005, (202)

624-0892. A copy of the proposed consent decree may be obtained in

person or by mail from the Consent

[[Page 29752]]

Decree Library, 1120 ``G'' Street, NW., 4th Floor, Washington, DC

20005. In requesting a copy, please refer to the referenced case and

enclose a check in the amount of $116.50 (25 cents per page

reproduction costs), payable to the Consent Decree Library. A copy of

the decree, exclusive of signature pages and attachments, may be

obtained for $21.50.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-14333 Filed 5-29-98; 8:45 am]

BILLING CODE 4410-15-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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