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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation and Liability Act

Under 28 C.F.R. Sec. 50.7, notice is hereby given that on November

24, 1998, a third round of settlements according to the terms of a

partial Consent Decree (``Decree'') previously lodged in United States

v. Keystone Sanitation Company, Inc., et al., Civil Action No. 1:CV-93-

1482, was lodged with the United States District Court for the Middle

District of Pennsylvania.

On September 27, 1993, the United States filed a complaint pursuant

to Section 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), 42 U.S.C. Sec. 9607(a) against

the owners and operator of, and certain parties who arranged for the

disposal or treatment of hazardous substances at the Keystone Landfill

Superfund Site (the ``Site'') in Union Township, Adams County, PA.

Several of the defendants sued approximately 180 third-party

defendants, who in turn sued approximately 600 fourth party defendants,

including the third and fourth-party defendants proposed for addition

to the de micromis Consent Decrees lodged previously in this action.

[[Page 68298]]

The proposed settlement of an additional 34 parties is based upon

the same Decree previously lodged with the United States District Court

for the Middle District of Pennsylvania for public comment on April 5,

1996. 61 Fed. Reg. 18411 (April 25, 1996). Settlement of an additional

73 parties, based upon the same Decree, was lodged with the United

States District Court. This proposed Decree, entered into under Section

122(g) of CERCLA, 42 U.S.C. Sec. 9622(g) resolves the liability of

parties determined by EPA to be ``de micromis'', which for purposes of

this Site means that they contributed less than 1800 cubic yards of

municipal solid waste, and within such amount, less than 55 gallons or

100 pounds of materials contain hazardous substances. The defendants

will pay $1 each. With the April 5, 1996 and May 5, 1996 lodgings, the

United States solicited public comment upon the proposed Decree's

resolution of a total of 168 third and fourth party Defendant's

liability for response costs incurred and to be incurred at the Site.

With today's notice, the United States seeks comment on its settlement

according to the terms of this Decree with an additional 34 more

parties.

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

days from the date of this publication comments relating to the

proposed settlement with an additional 34 parties according to the

terms of the Decree. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division,

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

United States v. Keystone Sanitation Company, Inc. et al., DOJ No. 90-

11-2-656A.

The Decree may be examined at the Office of the United States

Attorney, Middle District of Pennsylvania, Federal Building and

Courthouse, 228 Walnut Street, Room 217, Harrisburg, Pennsylvania,

17108; Region III Office of the Environmental Protection Agency, 1650

Arch Street, Philadelphia, PA 19103; and at the Consent Decree Library,

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

A copy of the 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 $10.00 (twenty-five cents per page reproduction costs) payable to

the ``Consent Decree Library.'' In requesting a copy exclusive of

defendants' signatures, please enclose a check in the amount of $1.50

payable to the Consent Decree Library.

In addition, copies of the Decree, as well as the record supporting

EPA's eligibility determinations regarding the present 34 defendants

proposed for addition to the Decree, are available at the following

record repositories established by EPA near the Site pursuant to

Section 117(d) of CERCLA, 42 U.S.C. Sec. 9617(d):

U.S. EPA, Region III (address above) Contact: Anna Butch, 215-814-3157

Hanover Public Library, 2 Library Place, Hanover, PA 17331, Contact:

Raymond Van de Castle, 717-632-5183

St. Mary's United Church of Christ, 1441 East Mayberry Road,

Westminster, MD 21158, Contact: Jeanne Bechtel, 410-848-3862

The Decree and record are also available at Filias & McLucas, 4309

Linglestown Road, Harrisburg, PA 17112, the repository created to house

documents produced during discovery in the present litigation. Persons

wishing to view documents at Filias & McLucas should call 717-845-6418

to arrange an appointment.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division, U.S. Department of Justice.

[FR Doc. 98-32865 Filed 12-9-98; 8:45 am]

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