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

DEPARTMENT OF JUSTICE

Notice of Consent Judgments Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

In accordance with Departmental Policy, 28 CFR 50.7, 38 FR 19029,

and 42 U.S.C. 9622(d), notice is hereby given that a proposed Consent

Decree United States v. Agway, Inc., et al., DOJ #90-11-2-2A, was

lodged in the United States District Court for the Northern District of

New York on January 22, 1998. The Consent Decree resolves the liability

of eighty parties (``Settling Defendants'') and the United States (on

behalf of the U.S. Air Force and the Veterans Administration) under

Sections 106(a) and 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606(a) and

9607(a), relating to the Pollution Abatement Services Superfund Site in

Oswego, New York (the ``Site'').

Under the proposed Consent Decree, the Settling Defendants agree to

reimburse the United States $1,050,261.97 in past response costs

incurred from April 2, 1987 to May 6, 1997, to perform future work at

the Site under the 1993 Record of Decision (``1993 ROD'') at an

estimated cost of $5 million, and to reimburse the United States for

its first $500,000 in future response costs. Approximately 68 of the

Settling Defendants, along with the settling federal agencies, will

receive de minimis settlements under this Decree in exchange for

payments toward Site costs. The remaining Settling Defendants will

perform the future work under the 1993 ROD and will partially reimburse

the United States' past and future costs. The United States has

reserved its rights against certain parties who sent polychlorinated

bi-phenols (``PCBs'') to the Site in the event that a PCB related

remedy is necessary.

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

days from the date of this publication, written comments relating to

the proposed Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, D.C.

[[Page 8473]]

20530, and should refer to United States v. Agway, Inc. et al., Civ.

No. 98-CV-0112 (N.P.M), DOJ #90-11-2-2A.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Northern District of New York, James Foley U.S.

Courthouse, 45 Broadway, room 231, Albany, New York 12207; at the

Region II Office of the U.S. Environmental Protection Agency, 290

Broadway, New York, New York 10278; and at the Consent Decree Library,

1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892.

Copies of the Consent Decree may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005. In requesting a copy, please enclose a check in the amount

of $71.00 (25 cents per page reproduction costs) payable to the Consent

Decree Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resources

Division.

[FR Doc. 98-4130 Filed 2-18-98; 8:45 am]

BILLING CODE 4410-15-M