Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

Under Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), notice is

hereby given that on September 16, 1998, a proposed Consent Decree In

United States v. AlliedSignal Inc., et al., Civil Action No. C3-98-405,

was lodged with the United States District Court for the Southern

District of Ohio. In this action the United States sought

implementation of remedial action and recovery of response costs under

Sections 106(a) and 107(a) of CERCLA, 42 U.S.C. 9606(a) and 9607(a),

relating to the South Point Plant Superfund Site (``Site'') located

near the Village of South Point, Lawrence County, Ohio.

The Site is a 610-acre property that was used for several

industrial purposes from 1943 to 1995, including chemical production,

alternative fuel pilot plants, and ethanol production. The Site's soils

and groundwater have become contaminated with hazardous substances that

include volatile organic compounds, ammonia, nitrate, and metals. The

Site was placed on the National Priorities List on September 21, 1984.

The settlors are AlliedSignal, Inc., a past owner and operator of

the Site, and Ashland, Inc., Ashland Ethanol, Inc., and South Point

Ethanol, An Ohio General Partnership, which are both past owners and

operators of the Site, as well as the current owners of the Site. The

settlors agree in the proposed decree to implement the clean up at the

Site consistent with EPA's Record of Decision dated September 26, 1997,

at an estimated cost of $4 million; plus to reimburse EPA for all

future oversight costs and pay EPA $50,000 for past response costs.

The Department of Justice will receive comments concerning the

proposed Consent Decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, P.O. Box 7611, Washington, DC, 20044, and should

refer to United States v. AlliedSignal, Inc., et al., DOJ Number 90-11-

2-1325. Commenters may request an opportunity for a public meeting in

the affected area, in accordance with Section 7003(d) of the Resource

Conservation and Recovery Act, 42 U.S.C. 6973(d).

The proposed Consent Decree may be examined at any of the following

offices: (1) the Office of the United States Attorney, Southern

District of Ohio, 602 Federal Building, 200 West Second Street, Dayton,

Ohio 45402, (937) 225-2910; the U.S. Environmental Protection Agency,

Region 5, 77 W. Jackson Blvd., Chicago, Illinois 60604, (312) 886-6842;

and (3) the Consent Decree Library, 1120 G Street, NW, 3rd Floor,

Washington, DC 20005, (202) 624-0892. A copy of the proposed Consent

Decree

[[Page 51374]]

may be obtained in person or by mail from the Consent Decree Library,

1120 G Street, NW, 3rd Floor, Washington, DC 20005. In requesting a

copy, please enclose a check in the amount of $40.00 (25 cents per page

for reproduction charge) payable to the Consent Decree Library. In

requesting a copy exclusive of exhibits, please enclose a check in the

amount of $19.25 (25 cents per page reproduction cost) payable to the

Consent Decree Library.

Bruce S. Gelber,

Deputy Section Chief, Environmental Enforcement Section, Environment &

Natural Resources.

[FR Doc. 98-25665 Filed 9-24-98; 8:45 am]

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