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

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Section 122(d) of the Comprehensive

Environmental Response, Compensation, and Liability Act, as amended, 42

U.S.C. 9622(d), and the policy of the United States Department of

Justice, as provided in 28 CFR 50.7, notice is hereby given that on

November 24, 1998, a proposed Consent Decree in United States v. North

Carolina State University at Raleigh, Civ. No. 5:98-CV-893-BO2, was

lodged with the United States District Court for the Eastern District

of North Carolina. This Consent Decree concerns the North Carolina

State University Lot 86 Superfund Site in west Raleigh, North Carolina.

Pursuant to Sections 106, 107(a) and 113(g)(2) of CERCLA, 42 U.S.C.

9606, 9607(a) and 9613(g)(2), the Complaint in this action seeks

recovery of response costs incurred and to be incurred by the United

States at and in connection with the Site, and injunctive relief to

remedy contaminated soil and groundwater at the Site.

Defendant has agreed in the proposed Consent Decree to: (1) perform

the remedy selected by EPA for the Site, namely, remediation of

contaminated soils and contaminated groundwater; (2) pay $248,213.63 to

the United States for its previously unreimbursed past response costs

incurred at the Site; and (3) reimburse EPA for its future

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response costs incurred in connection with the Site.

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

days from the date of this publication, comments concerning the

proposed Consent Decree. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, P.O. Box 7611, Washington, DC, 20044, and should

refer to United States v. North Carolina State University at Raleigh,

D.J. Ref. 90-11-2-1207.

The proposed Consent Decree may be examined at any of the following

offices: (1) the Office of the United States Attorney for the Eastern

District of North Carolina, 310 New Bern Ave., Ste. 800, Fed. Bldg.,

Raleigh, North Carolina; (2) the U.S. Environmental Protection Agency,

Region 4, 61 Forsyth Street, S.W., Atlanta, Georgia; and (3) the

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

20005 (telephone (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. Please refer to the referenced case. There is a

photocopying charge of $0.25 per page. For a copy of the Consent Decree

without attachments (the ROD and Statements of Work), please enclose a

check for $26.75 made payable to ``Consent Decree Library.'' For a copy

of the Consent Decree with all attachments, please enclose a check for

$60.75 made payable to ``Consent Decree Library.''

Walker Smith,

Deputy Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 98-32859 Filed 12-9-98; 8:45 am]

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