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 28 CFR 50.7 and Section 122 of the Comprehensive

Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622,

the Department of Justice gives notice that a proposed consent decree

in United States v. Atlas Lederer Co., et al., Civil No. C-3-91-309

(S.D. Ohio), was lodged with the United States District Court for the

Southern District of Ohio on July 31, 1998, pertaining to the United

Scrap Lead Superfund Site (``Site''), located near Troy, Ohio. The

proposed consent decree would resolve the United States' civil claim

against eight of the ten defendants named in this action, as well as

the defendants' and EPA's putative claims against various federal

agencies.

Under the proposed consent decree, the settling generator

defendants, including a number of alleged generators who were not named

in the United States' 1991 cost recovery compliant, will be obligated

to perform and finance a $19.5-million remedy at the Site, and

reimburse the Superfund for $1,351,000 of the United States' past costs

of $6,172,000.

The settling generator defendants' past cost reimbursement

obligation will be satisfied by the settling federal agencies. Those

settling federal agencies also will pay the settling generator

defendants $1,049,000 to be used for implementation of the remedy.

Finally, the owner/operator defendants will reimburse the Superfund

$443,500 and perform additional work in furtherance of the remedy.

The United Scrap Lead Superfund Site, which occupies approximately

25 acres of land, operated as a lead battery recycling facility from

approximately 1946 to 1980. Of the 25 acres comprising the Site,

approximately eight (8) acres are occupied by the former processing

facilities and lead acid battery casing chips. The contaminated eight

acres will be remedied under the proposed consent decree. The remedy to

be implemented by the settling generator defendants consists of the

following actions: (1) Excavation of all battery casing chips, with two

treatment options--treatment on-site to meet RCRA's Land Disposal

Restrictions (``LDRs''), or transportation to a RCRA Subtitle C

treatment, storage and disposal facility for treatment to LDRs. Treated

battery casing chips will be disposed of at an approved solid waste

landfill; (2) excavation of the first foot of soils that exceeds 1550

kg/mg lead, and disposal of the soils off-site at an approved solid

waste landfill; (3) excavation of on-site soils above the regional

groundwater table that exceed the 1550 mg/kg lead cleanup level: these

soils will be consolidated on-site under a RCRA landfill cap, or

disposed of off-site at an approved solid waste landfill; (4) extensive

groundwater monitoring; (5) institution of deed restrictions or other

institutional controls to protect the solid waste cover system (among

other purposes); and (6) construction of appropriate engineering

controls to ensure adequate site drainage.

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 the Assistant

Attorney General, Environment and Natural Resource Division, United

States Department of Justice, Washington, DC 20530, and should refer to

United States v. Atlas Lederer Co., et al., Civil No. C-3-91-309 (S.D.

Ohio), and DOJ Reference No. 90-11-3-279b.

The proposed consent decree may be examined at: (1) the Office of

the United States Attorney for the Southern District of Ohio, Federal

Building, Room 602, 200 W. Second St., Dayton, Ohio 45400 (937-225-

2910); (2) the United States Environmental Protection Agency (Region

5), 77 West Jackson Boulevard, Chicago, Illinois 60604-3590 (contact

Sherry Estes (312-886-7164)); and (3) the U.S. Department of Justice,

Environment and Natural Resources Division Consent Decree Library, 1120

G Street, NW., 4th Floor, Washington, DC 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, NW., 4th Floor,

Washington, DC 20005. In requesting a copy, please refer to the

referenced case and DOJ Reference Number and enclose a check in the

amount of $27.50 for the consent decree only (110 pages at 25 cents per

page reproduction costs), or $83.00 for the consent decree and all

appendices (332 pages), made payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-21918 Filed 8-13-98; 8:45 am]

BILLING CODE 4410-15-M