Notice of Lodging of Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act; North American Galvanizing Co., et al.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act;

North American Galvanizing Co., et al.

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

9622(d)(2), notice is hereby given that two proposed consent decrees in

United States v. North American Galvanizing Co., et al., Civil Action

No. 98-1200, were lodged with the United States District Court for the

Eastern District of Pennsylvania on September 30, 1998.

The proposed consent decrees pertain to the Boyles Galvanizing

Superfund Site (``Site''), located in the City and County of

Philadelphia, Pennsylvania. They resolve the claims of the plaintiff,

the United States of America, filed

[[Page 55411]]

against defendants, North American Galvanizing Co. and Boyles

Galvanizing Co. (collectively referred to herein as the ``NAGC

Defendants''), and Gustav Propper and All Real Property Located at and

Comprising 2501-2527 East Cumberland Street, Philadelphia County,

Pennsylvania (collectively referred to herein as the ``Propper

Defendants''), pursuant to Section 107 of the Comprehensive

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

U.S.C. 9601 et seq.

The consent decrees require the NAGC defendants to make a total

payment of $264,161.16 in removal costs in four installments over a

three year period plus interest and to relinquish any claims they may

have against the United States. The consent decrees also require the

Propper Defendants to sell the property which consists of the Boyles

Galvanizing Superfund Site for a minimum sales price of $108,000 within

60 days of the entry of the consent decree and to provide 60% of the

sales proceeds ($64,800) to the United States at the time of closing.

The consent decrees also include covenants not to sue by the United

States under Sections 106 and 107 of CERCLA, 42 U.S.C. 9601 et seq.,

and Section 7003 of the Resource Conservation and Recovery Act

(``RCRA''), 42 U.S.C. 6973, and provide the defendants with

contribution protection.

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 decrees. Comments should be addressed to the Assistant

Attorney General for the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530 and to the United States

Attorney for the Eastern District of Pennsylvania, 615 Chestnut Street,

Suite 1250, Philadelphia, Pennsylvania 19106, and should refer to

United States v. North American Galvanizing Co., et al., Civil Action

No. 98-1200, USAO No. 199V02292, DOJ Ref. #90-11-2-1330. Anyone making

comments may request an opportunity for a public meeting in the

affected area, in accordance with Section 7003(d) of RCRA.

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

United States Attorney, Eastern District of Pennsylvania, 615 Chestnut

Street, Suite 1250, Philadelphia, Pennsylvania 19106, the Region III

Office of the Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107, and at the Consent Decree Library,

1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005, (202) 624-0892.

A copy of the proposed consent decrees may be obtained in person or by

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

Washington, D.C. 20005. In requesting a copy, please enclose a check in

the amount of $8.25 (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. 98-27693 Filed 10-14-98; 8:45 am]

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