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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d), notice is hereby given that on July 2, 1998, the United

States, on behalf of the United States Environmental Protection Agency,

filed with the United States District Court for the Western District of

Washington a civil complaint against defendants Charles and Helen Van

Volkenburg and Pacific Yacht Basin d/b/a Port Yacht Basin, under

Section 106 and 107 of the Comprehensive Environmental Response

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 & 9607. The

complaint alleges that the defendants are liable under Sections 106 and

107 of CERCLA for releases of hazardous substances into the Middle

Waterway of the Commencement Bay Nearshore/Tideflats Superfund Site in

Tacoma, Washington (``the Middle Waterway of the Site'').

On the same day, the United States lodged a consent decree

resolving the claims stated against the defendants in the complaint.

The consent decree embodies a de minimis settlement with the defendants

under Section 122(g) of CERCLA, 42 U.S.C. 9622(g). The United States

has determined that the amount and toxicity of any hazardous substances

the defendants may have contributed to the Middle Waterway of the Site

is minimal in comparison to other contaminants in the Middle Waterway.

Under the consent decree,

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the defendants will provide access to their property on the Middle

Waterway of the Site. In return, the United States will grant the

defendants a covenant not to sue under Sections 106 and 107 of CERCLA,

42 U.S.C. 9606 & 9607, for liability for releases of hazardous

substances at the Middle Waterway of the Site.

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 Lois Schiffer,

Assistant Attorney General, Environment and Natural Resources Division,

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

United States v. Port Yacht Basin, et al., No. C98-5362 (W.D. Wash.

1998), DOJ Ref. #90-11-2-06008.

A copy of the proposed consent decree may be obtained from the

Region 10 offices of the United States Environmental Protection Agency,

1200 Sixth Avenue, Seattle, Washington 98101. Copies may also be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005/(202) 624-0892. In

requesting copies of the consent decree, please refer to United States

v. Port Yacht Basin, et al. If you are requesting a copy from the

Consent Decree Library, please enclose a check payable to the Consent

Decree Library in the amount of $3.75 (25 cents per page reproduction

costs).

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-20680 Filed 8-3-98; 8:45 am]

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