Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(``CERCLA'')

Notice is hereby given that on May 18, 1998, a proposed Consent

Decree was lodged with the United States District Court for the

District of Nebraska in United States v. City of Hastings, et al., Civ.

No. 8:98 CV 265 (D. Neb.) The proposed Consent Decree settles claims

asserted by the United States at the request of the United States

Environmental Protection Agency (``EPA'') under Sections 106 and 107(a)

of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9606 and 9607(a), in a

complaint filed concurrently with the lodging of the proposed Consent

Decree. The complaint seeks reimbursement of response costs incurred

and to be incurred by the United States, and the performance of work,

in response to the release or threatened release of hazardous

substances at the Hastings Groundwater Contamination Site, North

Landfill Subsite (``Subsite'') in Hastings, Nebraska.

Under the proposed Consent Decree, settling defendants--the City of

Hastings, Nebraska, Dravo Corporation, and Dutton-Lainson Company--will

perform response actions specified by EPA and value at approximately

$1.1 million. These settling defendants also will reimburse the EPA

Hazardous Substance Superfund $1,034,670 for past costs incurred by the

United States, and will pay a portion of future costs incurred by the

United States. Bernice Edwards, another settling defendant, will

reimburse the EPA Hazardous Substance Superfund $10,000 based upon her

ability to pay.

In exchange, and conditioned upon the complete and satisfactory

performance of their obligations under the proposed Consent Decree, the

settling defendants shall receive a covenant not to sue pursuant to

Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and

Section 7003 of RCRA, 42 U.S.C. 6973, to undertake response actions or

to recover response costs related to the response action selected and

performed under the proposed Consent Decree at the Subsite. In

addition, the settling defendants receive contribution protection under

Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), for matters

addressed in the proposed Consent Decree. The United States reserves

the right to pursue the settling defendants in certain circumstances if

previously unknown conditions or information indicates that response

actions performed at the Subsite are not protective of human health or

the environment.

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 of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. City of Hastings et al., Civ. No. 8:98 CV 265 and DOJ Ref.

#90-11-2-1112. Commenters may request an opportunity for a public

meeting in the affected area, in accordance with Section 7003(d) of

RCRA, 42 U.S.C. 6973(d).

The proposed Consent Decree may be examined at the U.S. EPA Region

7 Office at 726 Minnesota Ave., Kansas City, KS 66101, 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 29753]]

Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005. In

requesting a copy exclusive of exhibits and signatures, please enclose

a check in the amount of $22.50 (25 cents per page reproduction cost)

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-14337 Filed 5-29-98; 8:45 am]

BILLING CODE 4410-15-M