Notice of Lodging of Partial Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Secs. 9601 et seq.; Excel Corp.

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent Decree Under the

Comprehensive Environmental Response, Compensation and Liability Act,

42 U.S.C. Secs. 9601 et seq.; Excel Corp.

Under 28 CFR 50.7, notice is hereby given that on November 16, 1998

a proposed partial consent decree (``consent decree'') in United States

v. Excel Corp., Civil Action No. 3:93CV119RM, was lodged with the

United States District Court for the Northern District of Indiana.

[[Page 65223]]

In this action the United States sought civil penalties and

unrecovered response costs in connection with the Main Street Well

Field Site in Elkhart, Indiana (``Site''). The proposed consent decree

provides for the payment by defendants Joseph S. Beale and JSB

Corporation d/b/a Adlake Enterprises, Inc. (collectively ``JSB'') of

$350,000 of the United States unrecovered response costs at the Site.

The proposed consent decree also resolve the United States claims

against JSB for its alleged failure to perform response activities at

the Site pursuant to an administrative order issued by the United

States Environmental Protection Agency (``EPA'').

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 of the Environment and Natural Resources Division,

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

United States v. Excel Corp., D.J. Ref. No. 90-11-3-799.

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

United States Attorney, 301 Federal Building, 204 South Main Street,

South Bend, Indiana; at the Region 5 Office of EPA, 77 West Jackson

Blvd., Chicago, Illinois 60604; 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 decree 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 $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. 98-31432 Filed 11-24-98; 8:45 am]

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