Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601

et seq.

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d)(2), notice is hereby given that a third proposed consent decree

in United States v. Reilly Industries, Inc., Civil Action No. IP-93-

1045-C, was lodged on August 27, 1998, with the United States District

Court for the Southern District of Indiana.

The proposed Consent Decree concerns the Reilly Tar and Chemical

Superfund Site (``Site''), which is located on approximately 120 acres

at 1500 South Tibbs Avenue, in Indianapolis, Indiana. Pursuant to the

proposed consent decree and section 106 of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9606, Reilly Industries will implement all Remedial Design and

Remedial Action activities needed to implement the Third, Fourth and

Fifth Operable Unit remedies at the Site. The remedies include Soil

Vapor Extraction (``SVE'') treatment of contaminated soils, placement

of appropriate final covers over all remaining soil contamination at

the property, recording of use restrictions on the property as an

institutional control, as well as continued pumping and treatment of

ground water until cleanup standards are attained. Reilly Industries

will also pay the United States for unreimbursed past costs at the

Site, pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a), in the

amount of $171,159.29 and will pay all future response costs incurred

in connection with the Site.

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, DC 20530, and should refer to United

States v. Reilly Industries, Inc., DOJ Ref. 90-11-2-1273.

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

United States Attorney, United States Courthouse, 5th Floor, 46 East

Ohio Street, Indianapolis, Indiana 46204; the Region V Office of the

Environmental Protection Agency, 77 West Jackson Blvd., Chicago,

Illinois 60604; and at the Consent Decree Library, 1120 G Street, NW.,

3rd 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., 3rd Floor, Washington, DC 20005. In

requesting a copy please refer to the referenced case and enclose a

check (25 cents per page reproduction costs) in the amount of $23.75

for the consent decree only (95 pages) or $82.50 for the consent decree

plus appendix (330 pages), payable to the Consent Decree Library.

Bruce Gelber,

Deputy Chief Environmental Enforcement Section.

[FR Doc. 98-26019 Filed 9-28-98; 8:45 am]

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