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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-23802

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** September 3, 1998
- **Citation:** 63 FR 47040

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-23802. Public record. Not legal advice.