# Notice of Lodging of Environmental Settlements > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-20400 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** July 30, 1998 - **Citation:** 63 FR 40736 ## Text 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] BILLING CODE 4410-15-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-20400. Public record. Not legal advice.