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, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. Harold

Shane et al., Civil Action No. 90-0102-C (S.D. Ohio) entered into by

the United States and Harold Shane, was lodged on February 11, 1998,

with the United States District Court for the Southern District of

Ohio. The proposed Consent Decree will resolve claims of the United

States against Harold Shane for recovery of response costs incurred by

the U.S. Environmental Protection Agency at the Arcanum Iron & Metals

Superfund Site in Arcanum, Ohio pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601

et seq. (``CERCLA''). The settlement requires Harold Shane to make

payment of $354,112 to the United States following entry of the

proposed Consent Decree.

The Consent Decree includes a covenant not to sue by the United

States under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607,

and under section 7003 of the Resource Conservation and Recovery Act,

42 U.S.C. 6973 (``RCRA'').

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 for the Environment and Natural Resources Division,

United States Department of Justice, P.O. Box 7611, Ben Franklin

Station, Washington, DC 20044-7611, and should refer to United States

v. Harold Shane et al., Civil Action No. 90-0102-C, and the Department

of Justice Reference No. 90-11-3-504. Commenters may request an

opportunity for a public hearing in the affected area, in accordance

with section 7003(d) of RCRA, 42 U.S.C. 6973(d).

The proposed Consent Decree, and attached exhibits, may be examined

at the Office of the United States Attorney for the Southern District

of Ohio, 200 West Second Street, Dayton, Ohio 45402; the Region 5

Office of the United States Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois 60604-3590; and at the Consent

Decree Library, 1120 G Street, NW, 4th Floor, Washington, DC 20005,

telephone no. (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, 4th Floor, Washington, DC 20005. In requesting a copy

with attached exhibits, please refer to DJ #90-11-3-504, and enclose a

check in the amount of $5.50 (25 cents per page for reproduction

costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-4643 Filed 2-23-98; 8:45 am]

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