Notice of Lodging of Environmental Settlements

DEPARTMENT OF JUSTICE

Notice of Lodging of Environmental Settlements

In accordance with Department policy, 28 CFR Sec. 50.7, notice is

hereby given that on June 16, 1998, the United States, on behalf of the

U.S. Environmental Protection Agency (``EPA'') entered into proposed

settlements in two related cases, United States v. City of McKinney,

Texas (498-cv-202) and United States v. McKinney Smelting, Inc. (498-

cv-204). The settlements involve remediation of, and environmental

violations at, the McKinney Smelting, Inc. (``MSI'') scrap metal

recycling facility. The Consent Decrees were lodged with the Court on

July 10, 1998.

The settlement with the City of McKinney (the ``City'') is pursuant

to the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601, et seq.

and the Solid Waste Disposal Act, as amended by the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq. The

United States has alleged that the City contributed to the

contamination of the MSI facility as the past owner of roads which

border the facility and which contained lead battery casings as fill

material in the roadbed. Under the proposed settlement, the City will

contribute $33,500 to fund a portion of the cleanup of the MSI

facility, which will be performed by a prospective purchaser, Ferex,

Inc., in accordance with a March 25, 1998 ``Agreement and Covenant Not

to Sue'' (``PPA'') with the United States.

The Consent Decree with MSI is pursuant to Section 7003 of RCRA, 42

U.S.C. 6973, Section 15(1)(C) of the Toxic Substances Control Act

(``TSCA''), 15 U.S.C. 2614(1)(C) and Sections 301(a) and 402(p) of the

Clean Water Act (``CWA''), 33 U.S.C. 1311(a) and 1342(p). The United

States alleges MSI's improper disposal of non-liquid polychlorinated

biphenyls (``PCBs''), failure to comply with the Storm Water Pollution

Prevention requirements of the CWA, and that the disposal of hazardous

and solid waste at the facility may present an imminent and substantial

endangerment to health or the environment. The proposed Consent Decree

requires MSI to pay $25,000 in settlement of CWA civil penalty claims,

based on the company's financial inability to pay the full penalty

demanded.

The U.S. Department of Justice will receive for a period of thirty

(30) days from the date of this publication comments concerning the

proposed Consent Decrees. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

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

the appropriate settlement, either United States v. City of McKinney,

Texas, D.J. ref. 90-5-1-1-4458/2 or United States v. McKinney Smelting,

Inc., D.J. ref. 90-5-1-1-4458. In addition, interested parties may

request a public meeting in the affected area in accordance with

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

The proposed Consent Decrees may be examined at the Office of the

United States Attorney for the Eastern District of Texas, Sherman

Division, 660 North Central Expressway, Suite 400, Plano, Texas 75704;

the Office of the City Manager, City of McKinney, 222 E. Tennessee,

McKinney, Texas 75070; and at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005. A copy of the proposed

Consent Decrees may be obtained in person or by mail from the Consent

Decree Library, 1120 G Street, N.W., Washington, D.C. 20005. In

requesting a copy of these Decrees, Please enclose a check to cover the

$.25 per page reproduction costs. A check in the amount of $11.50 is

required if requesting a copy of the City of McKinney Decree. A check

in the amount of $4.75 is required if requesting a copy of the McKinney

Smelting, Inc. Decree. Make checks payable to: Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 98-20400 Filed 7-29-98; 8:45 am]

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