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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a consent decree in United States v. Air Products and

Chemicals, Inc., et al., Civil Action No. 97-CV-

[[Page 59330]]

0674 (E.D. Pa), was lodged on October 23, 1998, with the United States

District Court for the Eastern District of Pennsylvania. The consent

decree resolves the claims of the United States under Sections 107(a)

and 113(g) of the Comprehensive Environmental Response, Compensation,

and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a) and

9613(g), for reimbursement of response costs incurred by the U.S.

Environmental Protection Agency (``EPA'') with respect to the Novak

Sanitary Landfill Superfund Site in South Whitehall Township, Lehigh

County, Pennsylvania. The consent decree also includes a covenant not

to sue by the United States under Section 7003 of the Resource

Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The consent

decree obligates the Settling Defendants to pay a total of

$1,035,931.72 to settle this action. This amount constitutes 87 percent

of EPA's outstanding past costs incurred through January 9, 1998. The

Settling Defendents remain potentially liable for all response costs

incurred after January 9, 1998. The Owner Settling Defendant also has

agreed to provide access to both EPA and private parties that are

performing cleanup pursuant to an EPA administrative order for remedial

design/remedial action.

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,

U.S. Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Air Products and Chemicals, Inc., et al., DOJ Ref.

#90-11-2-976B. Commenters may request an opportunity for public meeting

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

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

United States Attorney, 616 Chestnut Street, Philadelphia, Pennsylvania

19106; the Region III Office of the Environmental Protection Agency,

1650 Arch Street, Philadelphia, PA: and at the Consent Decree Library,

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

copy of the consent decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington,

D.C. 20005. In requesting a copy please refer to the referenced case

and enclose a check in the amount of $38.25 (25 cent per page

reproduction cost), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 98-29400 Filed 11-2-98; 8:45 am]

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