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, notice is hereby given that

a proposed consent decree in United States v. Sadeane Lang, Independent

Executrix of the Estate of Donald R. Lang, Civil Action No. 1:94CV57,

was lodged on October 27, 1998 with the United States District Court

for the Eastern District of Texas, Beaumont Division.

In the First Amended Complaint, the United States alleges that

Atlantic Richfield Company (``ARCO'') and ARCO Chemical Company

(``ACC'') are successors to and assumed liability for persons who by

contract, agreement, or otherwise arranged for disposal or treatment,

of hazardous substances at the Turtle Bayou Superfund Site (also known

as the Petro-Chemical Systems, Inc. Site) (``Site''), located in

Liberty County, Texas. The United States alleges that ARCO and ACC are

liable under Section 107 of the Comprehensive Environmental Response,

Compensation and Liability

[[Page 60023]]

Act (``CERCLA''), 42 U.S.C. Sec. 9607 for costs incurred and to be

incurred by the United States in response to the release of hazardous

substances at the Site.

The proposed Consent Decree requires ARCO and ACC to perform nearly

all of the remedial action for the Site, at a cost of approximately $20

million. The remedial action includes in-situ aquifer bioremediation,

bioventing, aqueous phase soil bioremediation, soil excavation and off-

site treatment and/or disposal, soil excavation and biotreatment,

thermal desorption, soil washing, containment, monitored natural

attenuation, institutional controls, soil vapor extraction,

installation of storm water management controls, monitoring ground

water, and restoration of the Site surface upon completion of the

remedial action.

The proposed Consent Decree also provides that the United States

covenants not to sue or take administrative action against ARCO and ACC

under Sections 106, 107(a) of CERCLA, 42 U.S.C. Secs. 9606, 9607(a) and

Section 7003 of the Resource Conservation and Recovery Act (``RCRA'')

except as specifically provided in the consent decree.

The Department of Justice will provide a RCRA public meeting in the

affected area if requested and will receive, for a period of thirty

(30) days from the date of this publication, comments relating to the

proposed consent decree. Comments and/or a request for a RCRA public

meeting should be addressed to the Assistant Attorney General for the

Environment and Natural Resources Division, Department of Justice,

Washington, D.C. 20530, and should refer to United States v. Sadeane

Lang, Independent Executrix of the Estate of Donald R. Lang, DOJ Ref.

#90-11-3-709.

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

United States Attorney, 350 Magnolia Avenue, Suite 150, Beaumont, Texas

77701; the Region VI Office of the Environmental Protection Agency,

1445 Ross Avenue, Dallas, Texas 75202; and at the Consent Decree

Library, 1120 G Street, NW, 3rd Floor, Washington, D.C. 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 in the amount of $99.75 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Joel Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 98-29705 Filed 11-5-98; 8:45 am]

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