Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

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

Notice is hereby given that a proposed Consent Decree (``Decree'')

in United States v. Pacific Hide and Fur Depot, Inc., et al, Civil

Action No. 83-4052, was lodged on July 31, 1998, with the United States

District Court for the District of Idaho.

The complaint and amended complaints filed in the above-referenced

matter allege that defendants Pacific Hide and Fur Depot, Inc., William

N. McCarty, Michael McCarty, Terry McCarty, Sherry McCarty

Christianson, Richard McCarty, Dayna McCarty Sanna, McCarty's Inc.,

Pacific Fruit Express Company and Union Pacific Railroad Company

(together ``Settling Defendants''), are jointly and severally liable

for the United States' response costs at the McCarty's/Pacific Hide and

Fur Superfund Site (``Site'') in Pocatello, Idaho, pursuant to Section

107(a) of CERCLA, 42 U.S.C. 9607(a).

The Site is comprised of 17 acres located in northwest Pocatello,

Idaho that as used as part of a gravel mining operation as early as

1949, and as a metal salvaging yard beginning in the late 1950s and

continuing until approximately 1979. Metal was salvaged at the Site

from many sources, including transformers, which were stored in and

around a gravel pit (``Pit'') in the southwest corner of the Site. Lead

from lead-acid batteries was also salvaged at the Site. As a result of

these activities, the Site was contaminated with lead and

polychlorinated biphenyls (``PCBs''), which are hazardous substances

within the meaning of CERCLA, and the United States incurred response

costs responding to the release or threat of release of these hazardous

substances at the Site.

Under the proposed Decree, Settling Defendants shall pay the United

States approximately $2.563 million towards the United States'

approximately $5.78 million in past costs at the Site. Settling

Defendants also agree to comply with all provisions of a Unilateral

Administrative Order (``UAO'') issued by the U.S. Environmental

Protection Agency (``EPA'') on July 12, 1996 (and amended on April 28,

1998), which includes the requirement that Settling Defendants perform

portions of the remedial work at the Site and reimburse EPA for the

costs of overseeing those portions of the remedial work. Settling

Defendants have already completed the remedial work required under the

July, 1996 UAO. Although EPA has not yet tabulated the cost of

overseeing Settling Defendants' work under the UAO, the current

estimate of these costs is $200,000. Finally, Settling Defendants agree

to place permanent deed restrictions prohibiting future excavation in a

small area of the Site that may contain subsurface contamination. In

exchange, the Decree provides Settling Defendants a covenant not to sue

under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606-9607.

Sampling shows that the entire Site is now cleaned to residential

levels.

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 for the Environment and Natural Resources Division,

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

United States v. Pacific Hide and Fur Depot, Inc., et al, DOJ Ref. #90-

11-2-47.

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

United States Attorney, District of Idaho, P.O. Box 32, Boise, Idaho,

83707, (208) 334-1211; the Region X Office of the Environmental

Protection Agency, 1200 Sixth Avenue, Seattle, Washington, 98101, (206)

553-1796; and at the Consent Decree Library, 1120 G Street, N.W., 3rd

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., 3rd Floor, Washington, D.C. 20005.

In requesting a copy of the Decree, with all attachments, please refer

to the referenced case and enclose a check in the amount of $65.25 (25

cents per page reproduction costs), payable to the Consent Decree

Library. In requesting a copy of the Decree without the attachments,

please enclose a check in the amount of $10.50.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environmental and Natural

Resources Division.

[FR Doc. 98-23802 Filed 9-2-98; 8:45 am]

BILLING CODE 4410-15-M