Notice of Lodging of Consent Decree and Stipulated Amendment Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Stipulated Amendment

Pursuant to the Comprehensive Environmental Response, Compensation and

Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and in

accordance with section 122(d) of the Comprehensive Environmental

Response, Compensation and Liability Act (``CERCLA''), notice is hereby

given that on September 11, 1998, a proposed Consent Decree in United

States v. City of Fort Lauderdale, Florida, et al., Civil Action No.

98-6982 was lodged with the United States District Court for the

Southern District of Florida.

In this action the United States alleges that the defendants are

liable under CERCLA for costs incurred by the United States in

conducting response actions at the Wingate Superfund Site (the

``Site'') located in Fort Lauderdale, Broward County, Florida. The

United States seeks injunctive relief for the remedy specified in the

Record of Decision (``ROD'') and the recovery of response costs

incurred in connection with the release of hazardous substances from

the Site into the environment.

This consent decree represents a settlement for conducting the

remedy at the Site and the recovery of response costs. The proposed

settlement involves thirty-six settling defendants which comprise a

group entailing the owner/operator, generators, and transporters of

hazardous substances released at the Site. The proposed consent decree

requires the settling defendants to finance and conduct the remedial

design and remedial action (``RD/RA''), which includes construction of

a geosynthetic membrane cap over the Site property. The proposed

settlement provides the defendants with an orphan share compromise in

an amount equal to past response costs ($1.8 million), plus projected

future oversight costs ($1.6 million). Fourteen parties will also

receive de minimis covenants from the United States limited to the

remedy selected in the ROD, based upon the volume and toxicity of their

representative waste contributions to the Site.

The Department of Justice will receive for a period of thirty (30)

days from the

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date of this publication comments relating to the proposed Second

Consent Decree. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

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

v. City of Fort Lauderdale, Florida, et al., Wingate Superfund Site),

D.J. Ref. 90-11-2-1176. Commenters may request an opportunity for a

public meeting in the affected area, in accordance with section 7003(d)

of the Resources Conservation and Recovery Act (``RCRA''), 42 U.S.C.

6973(d).

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Southern District of Florida, 500 E. Broward

Boulevard, Fort Lauderdale, Florida 33394; Region 4, Office of the

Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth

Street, SW, Atlanta, Georgia 30303; and at the Consent Decree Library,

1120 G Street, NW, 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, 3rd Floor, Washington, DC

20005. In requesting a copy, please enclose a check in the amount of

$31.25 (without exhibits), $53.25 (with exhibits) (25 cents per page

reproduction cost) payable to the Treasurer of the United States.

Walker Smith,

Deputy Chief, Environment and Natural Resources Division.

[FR Doc. 98-26018 Filed 9-28-98; 8:45 am]

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