Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation and Liability Act of 1980, as

Amended

Notice is hereby given that on September 22, 1998, a proposed

consent decree in United States v. Charles B. Foushee, Jr., et al.,

Civil Action No. 5:98CV124-MCK, was lodged with the United States

District Court for the Western District of North Carolina.

In this action, the United States sought reimbursement of response

costs under Section 107 of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, as amended, pertaining to the

Caldwell Systems Site in Caldwell County, North Carolina. The United

States alleged that two defendants, Caldwell Systems, Inc. and Charles

B. Foushee, Jr., operated a facility that treated, stored, and disposed

of hazardous substances at the Site. The United States also alleged

that a third defendant, Caldwell Industrial services, transported

hazardous substances to the Site for incineration and disposal. In the

settlement, the defendants agree jointly and severally to pay the

United States $141,500, an amount based on their ability to pay in

settlement of the civil claims alleged in the complaint.

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

days from the date of this publication comments relating to the 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.

Charles B. Foushee. Jr., et al., D.J. Ref. 90-11-2-615/1.

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

States Attorney, Suite 1700, Carillon Building, 227 West Trade Street,

Charlotte, North Carolina, at U.S. EPA Region 4, Atlanta Federal

Center, 61 Forsyth Street, S.W., Atlanta, Georgia, and at the Consent

Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005,

(202) 624-0892. A copy of the consent decree may be obtained in person

or by mail

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from the Consent Decree Library, 1120 G Street, N.W., 3rd Floor,

Washington, D.C. 20005.

When requesting a copy, please enclose a check in the amount of

$7.50 (25 cents per page reproduction cost) payable to the Consent

Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-26977 Filed 10-7-98; 8:45 am]

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