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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act (CERCLA)

In accordance with Departmental policy, 28 CFR Sec. 50.7, and with

Section 122 of CERCLA, 42 U.S.C. Sec. 9622, notice is hereby given that

a consent decree in United States v. J.E.M., a Partnership, Civil

Action No. 3:CV-95-1882 (M.D. Pa.), was lodged on June 2, 1998, with

the United States District Court for the Middle District of

Pennsylvania. The consent decree resolves the claims of the United

States under Section 107 of

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the Comprehensive Environmental Response, Compensation, and Liability

Act, as amended (``CERCLA''), for reimbursement of costs incurred and

to be incurred for response actions taken or to be taken at or in

connection with the release or threatened release of hazardous

substances at the Route 940 Drum Site in Tobyhanna Township, Monroe

County, Pennsylvania, and a declaration of liability for further

response costs to be incurred at the Site. Under the terms of the

Consent Decree, the Estate of Herman Martens and Emil Wagner will pay

$335,000, John Baymor will pay $40,000, and Summit Tool Corporation

will pay $25,000. In addition, Emil Wagner (or his estate) will be

obligated to pay to the United States the sum of $300,000 if either one

of two contingencies occurs.

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

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

consent decree. Comments should be addressed to the Assistant Attorney

General for the Environment and Natural Resources Division, Department

of Justice, Washignton, D.C., 20530, and should refer to United States

v. J.E.M. a Partnership, DOJ Ref. #90-11-3-1539.

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

States Attorney, 228 Walnut Street, Harrisburg, PA; the Region III

Office of the Environmental Protection Agency, 841 Chestnut Street,

Philadelphia, PA; and at the Consent Decree Library, 1120 G Street, NW

4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

consent decree may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, NW, 4th Floor, Washington, D.C. 20005.

In requesting a copy please refer to the referenced case and enclose a

check in the amount of $12.50 (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. 98-16212 Filed 6-17-98; 8:45 am]

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