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.

Sec. 9622, the Department of Justice gives notice that a proposed

consent decree in United States v. Harold Shane, et al., Civil No. 90-

0102-C (S.D. Ohio), was lodged with the United States District Court

for the Southern District of Ohio on August 28, 1998, pertaining to the

Arcanum Iron & Metal Superfund Site (the ``Site''), Arcanum, Twin

Township, Darke County, Ohio. The proposed consent decree would resolve

the United States' civil claims against four third-party and fourth-

party defendants named in this action.

Under the proposed consent decree, three settling defendants,

alleged generators who were not named in the original United States'

1990 cost recovery complaint, will be obligated to perform and finance

a $5.8 million remedy at the Site, pay up to $150,000 in U.S. EPA's

future response costs, and reimburse the Superfund for $201,832 of the

United States' past costs of approximately $3 million. In addition, a

fourth de minimis settling defendant, also an alleged generator not

named in the United States' complaint, will be obligated to pay $53,842

to the Superfund in reimbursement of the United States' past costs at

the Site.

The Arcanum Iron & Metal Site is a 4.5 acre parcel of land that

operated as a battery salvaging and reprocessing facility from

approximately 1964 to 1982. Site activities resulted in contamination

of soil, surface waters, structures and sediments with high levels of

lead and other hazardous substances. In addition, large volumes of

contaminated plastic and rubber battery casing chips accumulated at the

Site. The Site will be remediated under the proposed consent decree.

The remedy to be implemented by the three settling defendants consists

of the following actions: (1) Demolition and decontamination of on-Site

structures; (2) Excavation and treatment of approximately 44,000 cubic

yards of lead-contaminated soil and 4,000 cubic yards of battery casing

chips; (3) Excavation and treatment of contaminated sediment on-Site;

(4) Backfilling of excavated areas with clean soil and revegetation;

and (5) Extensive groundwater monitoring.

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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. Harold Shane et al., Civil No. 90-0102-C (S.D. Ohio),

and DOJ Reference No. 90-11-3-504. Commenters may request an

opportunity for a public meeting in the affected area, in accordance

with Section 7003(d) of RCRA, 42 U.S.C. Sec. 6973(d).

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

Richard Murawski (312-886-6721)); 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 $26.75 for the consent decree only (107 pages at 25 cents per

page reproduction costs), or $72.25 for the consent decree and all

appendices (289 pages), made payable to the Consent Decree Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 98-24435 Filed 9-10-98; 8:45 am]

BILLING CODE 4410-15-M