Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

Consistent with Departmental policy, 28 CFR 50.7, 38 FR 19029, and

42 U.S.C. 9622(d), notice is hereby given that on January 8, 1998, a

proposed Consent Decree in United States v. Abbott Laboratories, et

al., Civil Action No. 98-1013-JAF, was lodged with the United States

District Court for the District of Puerto Rico. The proposed Consent

Decree will resolve the United States' claims under the Comprehensive

Environmental Response, Compensation, and Liability Act (``CERCLA''),

42 U.S.C. 9601 et seq., on behalf of the U.S. Environmental Protection

Agency (``EPA'') against defendants Abbott Laboratories, American

Cyanamid Company, Browning-Ferris Industries of Puerto Rico, Inc., E.I.

DuPont de Nemours & Company, Merck & Company, Inc., the Municipality of

Barceloneta, Pharmacia & Upjohn Caribe Inc., Roche Products, Inc.,

Schering-Plough Products, Inc., and Union Carbide Corporation relating

to the Barceloneta Landfill Superfund Site (``Site'') located near the

Municipality of Barceloneta, Puerto Rico. The Complaint alleges that

each of the defendants is liable under Sections 106 and 107(a) of

CERCLA, 42 U.S.C. 9606 and 9607.

Pursuant to the Consent Decree, the settling defendants will

implement the remedy selected in the July 5, 1996 Record of Decision

(the ``ROD'') for the Site, now estimated to cost approximately $10.5

million, reimburse the United States for $425,000 of past costs, and

make payment of EPA's future response costs, as defined in the Consent

Decree, and up to $400,000 of EPA's oversight costs.

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. Any comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Abbott Laboratories, et al., Civil Action No.

98-1013-JAF, D.J. Ref. 90-11-3-1574.

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

United States Attorney, District of Puerto Rico, Federal Building,

Chardon Avenue, Hato Rey, Puerto Rico, 00918 and at Region II, Office

of the Environmental Protection Agency, 290 Broadway, New York, NY

10007-1866 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

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 (there is a 25 cent per

page reproduction cost) in the amount of $69.25 payable to the Consent

Decree Library. If a copy of the Consent Decree without the attachments

is sufficient, please specify that fact and enclose a check in the

amount of $26.00.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-1920 Filed 1-26-98; 8:45 am]

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